Consumer law and 'denied boarding'

You have the right to compensation and other entitlements if you can't get on a flight because it's overbooked. This situation is called "denied boarding". It happens because the airline has sold more tickets than seats on the aircraft. The reason they do this is because they don't want to end up with empty seats.

Airlines expect people not to show up. Up to 10% of passengers don't confirm their reservations in time or check in on time, or decide for whatever reason not to travel. But on some occasions more people than expected turn up and the flight is overbooked. When you are denied boarding, the compensation you are due varies depending on the length of your intended journey.

How it works

Airlines are meant to deal with denied boarding in a particular way. Firstly they should ask passengers to volunteer not to board that flight to free up some seats. Those volunteers are entitled to compensation for not boarding. If you decide to volunteer, you first need to agree this sum with the airline, as well as an alternative flight or a refund of the ticket.

However, if there are not enough volunteers, the airline can refuse to board you. It has to give you a leaflet on the spot, outlining your rights and the amount of compensation due. These rights include compensation there and then for your inconvenience. The amount is largely determined by the length of your intended journey, as shown below:

- Up to 1,500 km: €250
- From 1,500 to 3,500 km: €400
- From 3,500+ km: €600

They should also offer you an alternative flight, or a refund of the ticket. If necessary, they must get you overnight accommodation while waiting for an alternative flight, as well as food, refreshments and reasonable access to telephone/email etc.

Exclusions
You are not entitled to compensation if you are:

Given at least two weeks' notice that your flight has been cancelled
Provided with another flight at the time of the original flight or
Denied boarding but travelling free of charge or at a reduced fare that is not available to the public.
Late at check-in: Always remember that if you have not confirmed your reservation in time or arrive at check-in later than the time stipulated, the airline can legitimately argue that you have breached your terms of the contract. If that happens, they are perfectly entitled to refuse to allow you to board, and are not obliged to offer compensation.

Upgrading and downgrading seats
Remember too that if you booked a business/first-class seat you might be denied boarding to this class because it's overbooked. But there may still be room on a lower class on the same flight. In this case they can offer to downgrade you, and once again you are entitled to compensation. This refund is a percentage of the ticket price you originally paid.

Again you should be given compensation immediately.The airline can offer you a seat in a lower class, but they must refund you:

30% of your original ticket price for flights up to 1,500 km
50% for intra-EU flights more than 1,500 kilometres and for all other flights between 1,500 and 3,500 km
75% for all flights greater than 3,500 km
If you are on an overbooked flight and are offered a seat in a higher class (the common term is that you are "bumped up" to this higher class), the airline cannot charge you an additional payment for this seat.